I was one of the first to buy a flat ‘off plot’ around three years ago and from my top floor I’ve been watching the steady march of progress as the rest of the houses and flats have sprung up around me.
Anyway, last Friday I decided to get my bike out and go for a spin. I am always mechanically sympathetic and after warming up Steve (he’s a Suzuki V-Strom 650. Why wouldn’t you call him Steve?), I toddled out through the estate, heading towards the bypass.
It was at that point on Freaky Friday that everything suddenly went white, and I was engulfed. The next memory is lying on the floor looking at Steve’s front wheel. I truly had no idea what had happened. After what seemed like an eternity I could hear a voice saying: ‘We are going to unwrap you.’ At this point I was even more confused but after a few minutes slowly I began to see daylight, and then the faces of my rescuers.
At this point Dave and Jenny (who had been standing at a bus top) told me that the white tarpaulin(?) that had been wrapped around the scaffolding of a block of flats being built, had blown off and hit me slap, bang in the face and then wrapped around my bike, causing me to fall off.
I remember laughing and saying at least I’m not dead and in heaven, but then coughing in pain. Later it turned out I had broken five ribs and ruptured my spleen. Not fun.
Fast-forward seven weeks and I have just been told by the salesman at the show home on the estate that it was an ‘Act of God’ as the wind caused it and he couldn’t help me. I was raging, especially after he said he was surprised it was a woman riding a bike in the first place. I truly wanted to headbutt him, but decided it wasn’t the best idea.
So… do I have a case? Dave and Jenny have kindly been round to see I am okay and brought me flowers. When they visited, Dave told me it had been flapping for weeks and he had reported it the week before. He even had a video.
Answer
I think Freaky Friday is a pretty good phrase in this case. That is proper scary! However, unfortunately, it doesn’t actually appear to be a ‘freak’ accident from what you have said. I say this because it is entirely ‘foreseeable’ that it may be windy.
With that in mind, the builder needed to ensure that the tarpaulin or wrapping around the scaffolding was secured properly. It appears clear they did not do this, and even better you have Dave and Jenny as witnesses to say it had been like that for weeks, and that Dave had reported it.
Therefore, if you can prove ‘on the balance of probabilities’ that the builder has been negligent (which I think you will) you will win your claim. The next issue is to direct your claim to the right people.
Often these big housing estates have several building companies building on them, so you (or your solicitor… I advise you get one ASAP) need to track down who was responsible for building that particular block of flats and direct your claim to them.
Don’t be put off by the salesman at the show home. He is talking cobblers!
Andrew ‘Chef’ Prendergast
More Bikes – May 2024
